USPTO Patents Application 09589881

UNITED STATES PATENT AND TRADEMARK OFFICE

BEFORE THE BOARD OF PATENT APPEALS ,^

AND INTERFERENCES

Ex parte JEONGMIN MOON

MAILED

APR 1 0 2007

OFFICE

r«w,KI Ot- PATENT APPEALS

Application No. 09/589,881

ORDER RETURNING UNDOCKETED APPEAL TO EXAMINER

This application was received electronically at the Board of Patent Appeals and
Interferences on January 12, 2007. A review of the application has revealed that the
application is not ready for docketing as an appeal. Accordingly, the application is
herewith being returned to the examiner. The matters requiring attention prior to
docketing are identified below.

On August 9, 2005, an Examiner's Answer was entered into the record. In the
Evidence Relied Upon section, page 3, paragraph 8, the examiner stated "No evidence
was relied upon". However a review of the Grounds of Rejections sets forth the
following references:

Shinji et al US 6,259,854B1

Funamoto et al EP08878720A (in applicant's IDS)

Application No. 09/589,88 1

A review of the file reveals that reference Shinji et al. (US Patent No.
6,259,854 Bl) was used in the rejection of claims 1-4, 6-9, 1 1 and 14-21, 23 and 24,
and reference Funamoto et al. (EP 08878720A (in applicant's IDS)) was used in the
rejection of claim 10, as stated in the Grounds of Rejection, paragraph (9) of the
examiner's answer. The Manual of Patent Examining Procedure, in § 1207.02 states:

(8) Evidence Relied Upon. A listing of the evidence relied on
(e.g., patents, publications, admitted prior art), and, in the case of
nonpatent references, the relevant page or pages.

Before further review, the examiner must mail a PTOL-90 that will include in the
amended Evidence Relied Upon section, the list of references mentioned in the
Grounds of Rejections. Appropriate correction is required.

Accordingly, it is ORDERED that the application is returned
to the Examiner to:

1) issue and mail a PTOL-90 having the missing references listed under the
Evidence Relied Upon section, heading (8) of the Examiner's Answer; and

2) for such further action as may be appropriate.

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Application No. 09/589,881

BOARD OF PATENT APPEALS
AND INTERFERENCES

PATRICK J. NOLAN

Deputy Chief Appeals Administrator
(571)272-9797

PJN/dal

cc: BIRCH, STEWART, KOLASCH & BIRCH, LLP
P.O. BOX 747

FALLS CHURCH, VA 22040-0747

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